‘Celebrities Equally Answerable For Endorsing Misleading Ads’, SC’s Stern Warning
The Supreme Court advises celebrities and influencers not to support deceptive advertisements and that those who do so must accept responsibility for the things they promote.
The Supreme Court ruled on Tuesday that persons who endorse products, including celebrities and social media influencers, “are equally responsible” for deceptive advertisements. The ruling took a strong stance against deceptive branding, product promotion, and misleading advertisements.
As the Indian Medical Association (IMA) heard Patanjali Ayurveda’s deceptive advertisements case, the SC made this observation.
Hima Kohli and Ahsanuddin Amanullah, the Supreme Court Bench’s judges, stated, “We are of the opinion that the advertisers, the advertising agencies, or the endorsers are equally responsible for issuing false and misleading advertisements.”
“The endorsements by public figures, popular personalities, etc. go a long way toward marketing a product and it is critical for them to act with accountability when endorsing any product in the course of ads,” it continued.
The Central Consumer Protection Authority (CCPA) has norms that require influencers to disclose compensated endorsements in a transparent manner, as the bench also highlighted.
Additionally, the Supreme Court ordered the Ministry of Consumer Affairs to provide an affidavit outlining the steps taken to combat misleading advertising, with a focus on the food industry.
In the lawsuit that was being heard in court, the yoga guru Ramdev’s Patanjali Ayurveda made claims in its marketing that its remedies and medications could treat ailments including diabetes.
“We are of the opinion that advertisers and endorsers are equally responsible for misleading advertisements,” the court stated.
Before their advertisements can air, the court further ruled that marketers must provide self-declarations that comply with the 1994 cable TV laws.
Patanjali has been ordered by the court to remove misleading internet ads and stop selling items that are prohibited in specific stores. Senior counsel Balbir Singh, who is representing Patanjali, promised to come up with a plan for this.
During a hearing on a case brought by the Indian Medical Association (IMA) alleging that Ramdev had launched smear campaigns against allopathic doctors and pharmaceuticals, the Supreme Court on August 22, 2023, strongly criticized the yoga guru and questioned why he was accusing them.
